Patel Jatinbhai Dineshbhai vs State Of Gujarat
2025 Latest Caselaw 2501 Guj

Gujarat High Court

Patel Jatinbhai Dineshbhai vs State Of Gujarat on 12 August, 2025

                                                                                                             NEUTRAL CITATION




                            C/SCA/12453/2023                                 JUDGMENT DATED: 12/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 12453 of 2023


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MRS. JUSTICE MAUNA M. BHATT                          sd/-
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                                    Approved for Reporting                  Yes           No
                                                                                          No
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                                               PATEL JATINBHAI DINESHBHAI & ORS.
                                                            Versus
                                                   STATE OF GUJARAT & ORS.
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                       Appearance:
                       MR MANTHAN K BHATT(6549) for the Petitioner(s) No. 1,2,3
                       MS POOJA CHOUDHARY, LD.ASSTT. GOVERNMENT PLEADER for the
                       Respondent(s) No. 1 & 2.
                       NOTICE SERVED BY DS for the Respondent(s) No. 3,4
                       RASHESH A PATEL(8802) for the Respondent(s) No. 5
                       VIJAYKUMAR G VANRAJ(8826) for the Respondent(s) No. 5
                       ==========================================================

                          CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                                        Date : 12/08/2025

                                                       ORAL JUDGMENT

1. Rule returnable forthwith. Learned Assistant Government Pleader Ms.Pooja Choudhary waives service of Rule on behalf of respondent Nos.1 & 2 and learned advocate Mr.Rashesh Patel waives service of Rule on behalf of respondent No.5.

2. With the consent of learned advocates for the respective parties, the present petition is taken up for final hearing today.

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3. This petition is filed seeking to direct the respondents to consider lesser deduction of petitioners' land in the sanctioned Draft Town Planning Scheme No.24/B (Bhayli-Gokalpura- Raipura). It is case of the petitioners that pursuant to sanctioning of Draft Town Planning Scheme No.24/B (Bhayli- Gokalpura-Raipura), vide notification dated 06.07.2022 the deduction considered of 40% by respondent No.4 - Vadodara Municipal Corporation (Page-32), of the petitioners' land is erroneous. It is case of the petitioners that non-agriculture use permission was granted under order dated 01.04.2011 for land having area of 9914 sq.mtrs., which is admittedly over 1000 sq. mtrs. Further, the said non-agricultural use permission order was passed on 01.04.2011 and therefore, the Regulation 6.17.4 would be applicable and accordingly lesser deduction of 20% is required to be considered. In other words, it is case of the petitioners that consideration of higher deduction of land by the respondent-corporation of 40% is erroneous and instead that the petitioners' case is required to be considered for lesser deduction of 20% as per Comprehensive General Development Control Regulations,2017 No. 6.17.4.

4. Heard learned advocate Mr.Manthan Bhatt for the petitioners, learned Assistant Government Pleader Ms.Pooja Choudhary for respondent Nos.1 & 2 and learned advocate

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Mr.Rashesh Patel for respondent No.5.

5. Learned advocate for the petitioners submitted that the petitioners are owners and occupiers of land bearing Block No.1785 (old revenue survey No.2588/1) admeasuring about 9914 sq.mtrs. Thereafter, the petitioners made an application dated 23.11.2010, for converting the land from agriculture to non-agriculture use for the purpose of construction of residence and the same was granted by the Collector vide order dated 01.04.2011 (Annexure "A" Page-22). Since, the petitioners intended to construct residential house on the land in question, they approached respondent No.5 - Vadodara Urban Development Authority. The petitioners sought for development permission and plans were also submitted. However, during pendency of application seeking development permission, intention was declared by respondent No.5- Vadodara Urban Development Authority for framing of Town Planning Scheme No.24/B (Bhayli-Gokalpura-Raipura) by publication dated 01.03.2019. Necessary procedure was followed and thereafter, the Town Planning Scheme No.24/B (Bhayli-Gokalpura-Raipura) was sanctioned by State Government under section 48(2) of Town Planning Act by its Notification dated 06.07.2022 (Annexure "D" Page-32). Accordingly, "F" Form was prepared and the petitioners' cases were considered for allotment of

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Final Plots against their original plots. Learned advocate placed reliance on "F" Form and submitted that from "F" Form, it is evident that against original plot bearing revenue survey Block No.1785 having 9914 sq.mtrs. of land, the petitioners were allotted Final Plot No.312 admeasuring 5948 sq.mtrs.. Thus, from "F" Form, it is evident that deduction of 40% has been considered for allotment of final plot.

5.1 Since erroneously higher deduction was considered, the petitioners made representation to respondent No.5- Vadodara Urban Development Authority and the same is not yet decided. Learned advocate for the petitioners by placing reliance upon Regulation 6.17.4 submitted that as per the said Regulations, 2017, which provides for contribution of land for any development in non-TP areas. In this case, Sub-section (a) of clause (2) of Regulation 6.17.4. would be applicable, which provides that where permission was granted prior to 28.03.2018, land contribution upto 20% shall apply in case of plot more than 2500 sq.mtrs.. In other words, learned advocate submitted that since the permission of Non-agriculture Use was granted prior to 28.03.2018 and the petitioners plot having more than 2500 sq.mtrs., 20% deduction would be applicable as per Regulation 6.17.4 and therefore, the respondents may be directed to apply the lesser deduction and accordingly, their

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allotment may be considered having 20% deduction and not 40% deduction.

6. Learned advocate Mr.Rashesh Patel for respondent - VUDA could not dispute the above facts.

7. Learned Assistant Government Pleader Ms.Pooja Choudhary for respondent Nos.1 & 2 submitted that Draft Town Planning Scheme has been sanctioned on 06.07.2022 and as on dated the Town Planning Scheme No.24/B (Bhayli- Gokalpura-Raipura is pending for preparation of Preliminary Town Planning Scheme before Town Planning Officer. Therefore, once again objections will be invited by Town Planning Officer and the same shall be considered in accordance with law. Therefore, it will be open for the petitioners to raise such objections before Town Planning Officer.

8. Considered the submissions and documents on record. It is noticed that ownership of the petitioners for the land having Block No.1785 (old revenue Survey No.2588/1) admeasuring 9914 sq.mtrs., is not in dispute and is evident from "F" Form (Page-35A). Further, Non-agriculture Use permission granted to the petitioners under Order dated 01.04.2011 by the Collector

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is admittedly prior to 28.03.2018.

9. In the above context, if facts are revisited then Notification dated 06.07.2022 sanctioning Draft Town Planning Scheme No.24/B (Bhayli-Gokalpura-Raipura) by the State Government is at Annexure "D" (Page-32). The said Notification was issued under section 48(2) of the Gujarat Town Planning and Urban Development Act, 1976. Moreover, from "F" Form, it is evident that against original plot having 9914 sq.mtrs., the petitioners were allotted final Plot of 5948 sq.mtrs. Therefore, the submission canvassed on behalf of the petitioners that 40% deduction was done while allotting final plot, merit acceptance. At this stage, it would be apposite to refer to Regulation 6.17.4, of Comprehensive General Development Control Regulations, 2017, which reads as under:

"6.17.4 Contribution of Land for any development in non-TP Areas.

1. For any development in confirmation with zoning or use, where the Town Planning Scheme is not declared, the owner/ applicant shall contribute land to the competent authority for infrastructure. Such contributed land shall be adjusted in town planning scheme prepared in future. The extent of contribution shall be as under:

a. 40% of the land falls in D1 and D2 category. b. For development in any area other than "6.17.4.1a" above, minimum 12.0 mts width of

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one road, considered to be a cross over road shall be provided. Such road shall be a public road and the land falling under such road shall be part of the land contributed for infrastructure development.

2. Land contribution required under clause 6.17.4(1), may not be required in the following cases. However, for relaxing the land contribution, the competent authority shall record the reasons in writing and then decide.

a. Where permission was granted for a layout and order for non-agriculture purpose, under land revenue code is passed by the competent authority before 28th March, 2018, the aforesaid provision of contribution of land shall not apply in case of plot less than or equal to 2500 sq.mts. While land contribution upto 20 % shall apply in case of plot more than 2500 sq.mts. Nevertheless, the competent authority while granting such relaxations, shall record the reasons in writing. b. Land of closed textile mills and is to be used for industrial use only.

c. Land falls in Gamtal or Agriculture Zone. Xxxxx"

Thus, Sub-clause (a) of clause (2) of Regulation 6.17.4. provides for 20% deduction if permission for a layout and order for non-agriculture purpose, under land revenue code was passed by the competent authority before 28.03.2018. The regulation further provides that contribution upto 20% shall apply, in a case of plot more than 2500 sq.mts. However, the competent authority while granting such relaxation is duty bound to record the reasons in writing. In this case, evidently

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the petitioners plot is more than 2500 sq.mtrs. and non- agriculture use permission was granted prior to 28.03.2018, therefore, Regulation 6.17.4, shall be applicable. Therefore, at this stage, the petitioners are directed to raise their objections before Town Planning Officer and Town Planning Officer is directed to consider their application/objection in consonance with above GDCR and passed reasoned order. The said objections are to be considered prior to sanctioning of Preliminary Town Planning Scheme by the State Government.

10. In view of foregoing reasons, the present petition is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent. No order as to costs.

Direct service is permitted.

sd/-

(MAUNA M. BHATT,J)

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